In North Carolina, as long as you are still married, what he is trying to do is adultery, which is a crime in this state. You can stipulate it in the Agreement, but he would have to agree to the terms in order for it to be binding (and for him to sign it). It doesn’t sound like he’d agree to that. However, a criminal conversation action may be enough to stop whomever he might be having such a relationship with from continuing. See our website for more information.
Good luck,
Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.